Alaska Lemon Laws

AS 45.45.300

Repairs Required

If the buyer of a vehicle reports any defect to the manufacturer or dealer within the lemon law rights period or the vehicle doesn’t conform to the express warranty, then, the manufacturer or dealer is legally responsible to make the necessary repairs to conform the vehicle to the express warranty.

AS 45.45.305

Replacement or Refund

If a buyer buys a car and after purchasing it comes to know that the car s/he bought is a lemon, means that the car doesn’t work as it was at the time of purchase, and the owner of that car claims it within the express warranty period or within one year from the date of delivery, whichever comes first, and the manufacturer or the dealer is unable to conform the motor vehicle to the express warranty after a number of attempts, its upto the owner, whether to claim for a refund or replacement with a new vehicle of the same standard. In case of refund, the manufacturer or the dealer shall refund the full purchase price to the owner less a reasonable allowance for the use of the motor vehicle from the time it was delivered to the original owner. A refund under this section shall be made to a lien holder of record, if any, and the owner, as their interests may appear.

AS 45.45.310

Notice by Owner

If a buyer claims a refund or replacement under Alaska lemon laws AS 45.45.305, the owner must notify the manufacturer or dealer in writing at any time before 60 days have elapsed after the expiration of the express warranty or the one-year period from the date of delivery of the motor vehicle whichever terminates first. The notice must include:

  1. the vehicle’s nonconformity condition.
  2. provides a reasonable description of the nonconformity
  3. stating the number of attempts made by the manufacturer, distributor, dealer, or repairing agent to conform the vehicle
  4. stating that the owner demands a refund or replacement vehicle to be delivered on the 60th day after the mailing of the written notice. Within 30 days after receiving the notice required by this section the manufacturer may make a final attempt to conform the vehicle before a refund or replacement is made under AS 45.45.305.

AS 45.45.315

Exceptions

The Alaska lemon laws also give some space to the manufacturers or dealers in the sense as the owner or the buyer may not be entitled to receive a refund or replacement under AS 45.45.300 - 45.45.360 if the manufacturer or distributor shows that the nonconformity complained of,

  1. does not affect either the use or the market value of the motor vehicle
  2. the nonconforming condition is a result of alteration of the motor vehicle by the owner or a person other than a dealer or repairing agent that is not authorized by the manufacturer or distributor; or abuse or neglect by the owner or a person other than the dealer or repairing agent.

AS 45.45.320

Presumption

A presupposition that the number of attempts have been made to conform a motor vehicle under an applicable express warranty is established if:

  1. the manufacturer, distributor, dealer, or repairing agent has attempted the repairs of the same nonconformity three or more times during the period of the express warranty or the one-year period after delivery of the motor vehicle, whichever period ends first, and the manufacturer, distributor, dealer, or repairing agent fails to correct the nonconformity condition
  2. the vehicle is out of service or in custody of manufacturer, distributor, dealer, or repairing agent for repair for a total of 30 or more calendar days during the express warranty period or the one-year period referred to in (1) of this section, whichever period terminates first; any period of time that repairs are not performed for reasons that are beyond the control of the manufacturer, distributor, dealer, or repairing agent is excluded from the 30-day time period referred to in this paragraph

AS 45.45.325

Parts Availability

Alaska lemon laws forces the manufacturer to provide necessary parts to the dealer or repairing agent for repair of the nonconforming condition covered under an express warranty, as soon as possible, without claiming any charges for freight or handling, if the dealer or repairing agent is short of the parts essential for repairs.

AS 45.45.335

Resale without Disclosure Prohibited

If a vehicle is returned by a buyer under AS 45.45.305, then that vehicle may not be resold to any other person in the same state unless the manufacturer or dealer discloses the reason for the return is made to the prospective buyer before the resale is completed.

AS 45.45.340

Other Rights and Remedies

The provisions of AS 45.45.300 - 45.45.360 do not limit other rights and remedies that may be available to the owner of a motor vehicle under other provisions of law. This section does not create a new cause of action against a dealer or repairing agent who sells or attempts to repair a motor vehicle found to be nonconforming under AS 45.45.300 - 45.45.360.

AS 45.45.345

Repair Facilities

A manufacturer or distributor or motor vehicles who authorizes the sale of the manufacturer's or distributor's motor vehicles in the state shall maintain authorized dealership facilities within the state that are able to perform the service and make the repairs required by the manufacturer's express warranty and by AS 45.45.300 - 45.45.360.

AS 45.45.350

Reimbursement of Shipping Costs

In case a car turns out to be a lemon, and the buyer returns the vehicle due to nonconforming condition of that vehicle under AS 45.45.305, the manufacturer or dealer is liable to give the owner any reasonable cost incurred in shipping the vehicle to and from the nearest authorized facility for warranty service.

AS 45.45.355

Arbitration or Mediation

As stated in AS 45.45.355 of the Alaska lemon laws, “if a manufacturer or distributor has established an informal dispute settlement procedure that substantially complies with the requirements of 16 C.F.R. 703, as that section may be amended, or if the manufacturer or distributor, after receipt of notice required by AS 45.45.310, offers in writing to participate in an arbitration or mediation process with the owner and the arbitration or mediation decision is binding on the manufacturer or distributor but not on the owner, and if the informal dispute settlement or arbitration or mediation process is approved by the attorney general, the provisions of AS 45.45.305 concerning refund or replacement or AS 45.45.350 concerning shipping costs do not apply to an owner who has not first resorted to the informal dispute settlement procedure or arbitration or mediation process”.

AS 45.45.360

Definitions

Definitions in AS 45.45.300 - 45.45.360:

  1. "dealer" is a person who has been given the rights to offer services on behalf of the firm or the manufacturer and has signed a dealership agreement form which indicates his authorization. Manufacturers choose dealers to engage them in the retail sale and warranty repair of new motor vehicles
  2. "distributor" means a person who is authorized by a manufacturer to engage in the wholesale distribution of the manufacturer's new motor vehicles in the state
  3. "express warranty" or "warranty" is the warranty given by the manufacturer or dealer assuring that the vehicle doesn’t have any defect or in case any defect arises, the manufacturer would be responsible. means an express written warranty provided by the manufacturer of a new motor vehicle;
  4. "full purchase price" means the total price paid for a motor vehicle by the original owner, including costs added to the retail price, such as original registration fees, transportation fees, dealer preparation, and dealer installed options
  5. "manufacturer" is a person who with the help of labor transforms raw materials and component parts into motor vehicles for sale
  6. "motor vehicle" or "vehicle" is every vehicle other than a tractor, farm vehicle, or a vehicle designed primarily for off-road use which has four or more wheels and which is drive by a motor and is used to fulfill personal, family, or household needs and is required to be registered under AS 28.10
  7. "nonconformity" is any non-conformed condition which takes place after the delivery of a motor vehicle by manufacturer, distributor, dealer, or repairing agent’s fault and which impairs the use and market value of that vehicle and which cannot be confirmed with the terms and conditions expressed in the warranty or takes place during normal use but doesn’t occurred by abuse, neglect, modification, or alteration, any accident or other damage of the motor vehicle prohibited by the manufacturer
  8. "owner" means a purchaser or the own who buys the vehicle, and a person to whom ownership of the motor vehicle is transferred in conformity with AS 28
  9. "reasonable allowance" means an amount attributable to an owner's use of a motor vehicle; a "reasonable allowance" may not exceed an amount equal to the depreciation in value of the vehicle for the period during which the vehicle is available for use by the owner, calculated by a straight line depreciation method over seven years, plus an amount equal to the depreciation in value of the vehicle that is caused by any neglect or abuse by the owner; or body damage not caused by a nonconformity;
  10. "repairing agent" means a person who has been appointed by the manufacturer and has been given the authority to perform warranty repairs in the state on one or more of the manufacturer's or distributor's motor vehicles
  11. "substantially impairs the market value" this state means that any nonconformity condition that significantly affects the  market value or price of a vehicle to the owner when it is brought in comparison with other vehicles of the same specifications

substantially impairs the use" means that any nonconformity condition that significantly affects the use or utility of a vehicle to the owner when it is brought in comparison with other vehicles of the same specifications